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CESTAT on Inclusion of VAT Subsidy in Assessable Value

April 5, 2018 5022 Views 0 comment Print

The present appeal is against the Order-in-Original No.26/2017 dated 28.09.2017. The appellant is a manufacturer of cement and clinker falling under chapter heading 2523 of the Central Excise Tariff. The Central Excise duty on the cement sold by the appellant was mostly discharged on MRP basis under Section 4A and partly by payment of Central Excise Duty on Transaction Value at Adv

Input service credit not allowable on Insurance of family members of the employees

April 4, 2018 1245 Views 0 comment Print

The input service credit on insurance is denied on the ground that these insurance has been taken for the family members of the employees which is in nature of perquisites. I do agree with the finding of the lower appellate authority as the insurance of family members of the employees has no concern with the business of manufacturing of the appellant.

Mere Affixation of Brand on Tools by Embossing/Engraving not Amounts to Manufacture

April 3, 2018 1017 Views 0 comment Print

Arihant Udyog Vs Arihant Udyog (CESTAT Mumbai) As per the activity the appellant is only carrying out affixation of brand on the tools i.e. spanner by embossing/ engraving. This process alone does not amount to manufacture. As regards other processes which are carried out by the job workers, it prima facie appears that the independent […]

No Service tax on Consideration received for sale of Developmental Rights

April 3, 2018 2031 Views 0 comment Print

Consideration received by the respondent is towards sale of Developmental Rights to the land and cannot be considered as commission for real estates agents services.

Service Tax on Passenger Service Fees & other taxes levied by Airlines

April 3, 2018 3120 Views 0 comment Print

The dispute in the present appeal is relating to their liability to pay Service Tax on Passenger Service Fees (PSF) and other taxes (international taxes) collected by the airlines as part of consideration when the tickets are issued to the passengers.

Applicability of Brand Promotion Services U/S 65 (105) (ZZZZQ) of Service Tax; Cricketer Karn Sharma Gets Relief

April 3, 2018 5514 Views 0 comment Print

No service tax liability can be attributed to the cricket players for promotional activities provided by them during the IPL prior to 01.07.2010. In the instant case, the appellant, Karn Sharma was playing for M/s Royal Challengers Bangalore.

Classification under Central Excise Tariff needs to be made after perusing basic technical specifications of vehicles

March 28, 2018 1857 Views 0 comment Print

Man Trucks India Pvt. Ltd. Vs CCE (CESTAT Delhi) After perusing the catalogue of the vehicle, it is fairly obvious that such vehicles manufactured by the appellant are meant to carry loads and capable of off-loading but the same are not machines exclusively meant for off-road use. We have also perused the clarification obtained by […]

Cenvat credit eligible on Cement & steel bars used in structural foundation to support power plant

March 27, 2018 1812 Views 0 comment Print

The dispute is with reference to availability of Cenvat credit to the appellant in respect of cement and steel bars used in the structural foundation to support the power plant. The matter was earlier heard by the Single Member bench.

Cenvat credit eligible on expense for Repair & Maintenance of Plant & Machinery Eligible

March 21, 2018 3711 Views 0 comment Print

CCE Kutch (Gandhidham) Vs. Almac Enterprise (CESTAT Ahmedabad) Repair and maintenance of plant and machinery is an activity without which smooth manufacturing is not possible. Commercially, manufacturing activity is not possible with malfunctioning machines, and leaking tanks, pipes and tubes.

Cenvat credit allowable on MS Steel items used for structural support

March 21, 2018 2967 Views 0 comment Print

The issue involved in both these appeals being the same were heard together and disposed by this common order. The parties hereinafter referred to as assessee and department for the sake of convenience.

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